Detailed answer: How to submit the original will to an Iowa probate court when you live out of state

Submitting an original will to probate in Iowa when you live in another state is common and usually straightforward if you follow Iowa procedure. Below is a clear, step-by-step guide to what to do, what documents you’ll need, and how to reduce delays and risks. This information explains typical steps under Iowa law; it is educational only and not legal advice.

1. Confirm the correct Iowa court (venue)

Probate in Iowa is generally commenced in the district court for the county where the decedent was domiciled (their legal residence) at the time of death. If the decedent owned real property in Iowa but was domiciled elsewhere, an ancillary proceeding may be required in the county where the property is located. For an overview of Iowa probate law, see Iowa Code, Chapter 633: Iowa Code Chapter 633 (Wills and Probate).

2. Decide who will file and act on your behalf

You have several options:

File personally by mail or e-file (if available in that county).
Hire a local Iowa attorney to prepare and file the petition and appear in court for you. A local attorney can also handle required notices and creditor matters.
Ask a trusted in-state person to deliver the original will to the clerk (they may need a signed authorization or to accompany your notarized signature on a petition).

3. Gather the required documents

Typical items the court will expect when you offer a will for probate include:

The original will (do not open a sealed original if it was sealed; keep it intact).
Certified copy of the decedent’s death certificate.
A completed probate petition or “Application for Probate of Will and for the Issuance of Letters” naming the personal representative (executor) and listing heirs and assets. Iowa court forms and guidance are available from the Iowa Judicial Branch: Iowa Judicial Branch forms.
A list of next of kin and addresses (heirs), and known creditors if available.
Filing fee or fee waiver request (check the county clerk’s fee schedule).

4. File the petition and submit the original will

Filing options vary by county:

Mail the original will with the petition to the clerk of the district court in the proper county. Use insured, trackable delivery and keep receipts.
Some counties allow or require e-filing for probate pleadings. Check the county court clerk or Iowa Judicial Branch website for e-filing information.
If you hire an Iowa attorney, they will file the original and handle the paperwork and hearings.

When you send the original will by mail or courier, include a cover letter stating the decedent’s name, date of death (if known), and a contact name and phone/email for follow-up. Ask the clerk whether they will return the original after probate and how they handle originals (some courts keep originals; others return originals after admitting the will). Confirm turn-around times and whether a hearing is required.

5. Notices, witnesses, and will proof

Iowa law requires appropriate notice and proof to admit a will. If the will is attested (witnessed), the usual process is to file the will and petition, give notice to interested persons, and have the will proved according to statute. If witnesses live out of state or cannot appear, Iowa offers procedures for proving wills by affidavit or deposition in some circumstances. Discuss options with the clerk or an attorney if witnesses cannot attend in person. See Iowa Code Chapter 633 for procedures about proof and probate.

6. Consider ancillary administration if needed

If the decedent was domiciled in another state but owned real estate or certain assets in Iowa, you may need ancillary probate in Iowa limited to those assets. That ancillary process is typically narrower than a full probate and focuses only on Iowa property. A local attorney can advise whether ancillary administration is necessary.

7. Practical tips about mailing the original will

Use insured, recorded-delivery or courier service with adult signature required.
Make high-quality copies of the original will and all documents before sending anything.
Send a packet that includes an explanatory cover letter and your contact information.
Keep copies of all tracking numbers, receipts, and the cover letter.

8. Timeline, fees, and next steps

Timelines vary by county. After filing, the court will either admit the will and issue letters testamentary (appointing the executor) or schedule a hearing if there are questions. Expect to provide notice to heirs and publish any required notices to creditors. Check the local clerk’s fee schedule for filing fees; also ask whether additional fees or bond requirements apply to the nominated executor.

Links and statutory references

Iowa Code Chapter 633 (Wills and Probate): https://www.legis.iowa.gov/docs/ico/chapter/633.pdf
Iowa Judicial Branch — Forms and probate information: https://www.iowacourts.gov/for-the-public/forms/

Short checklist to follow now

Identify the county of the decedent’s domicile (or the county with Iowa real property).
Contact the clerk of district court in that county to confirm filing method, fees, and whether the county accepts mailed originals.
Assemble original will, death certificate, a completed probate petition, and copies of all documents.
Decide whether to hire an Iowa attorney or file yourself. If you file yourself, use insured, trackable delivery and include a cover letter.
Retain proof of delivery and keep copies of everything you send.

Disclaimer

This article is for general informational purposes about Iowa probate procedure only. It is not legal advice and does not create an attorney-client relationship. Laws change and every situation is different. For advice tailored to your situation, consult a licensed Iowa attorney or contact the clerk of the district court in the appropriate Iowa county.

Helpful Hints

Ask the county clerk exactly how they handle original wills. Some courts return originals after probate; others keep originals in the court file.
If witnesses are unavailable, ask about affidavits or depositions to prove a will under Iowa law.
Consider hiring a local attorney to avoid errors that can delay probate—this can be particularly useful for ancillary administration or contested matters.
Keep a tight paper trail: copies, tracking numbers, receipts, and an organized file of all communications with the court.
If the decedent owned real property in Iowa but lived elsewhere, ask whether ancillary probate is required for those assets.
Check for e-filing options—some counties allow electronic filing which can speed the process if you are out of state.
Verify fee amounts and any bond requirements before filing so there are no unexpected delays.
If you must sign a petition while out of state, get signatures notarized and follow the county’s instructions for filing notarized documents.